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Brief On The Administrative Coercive Measures For Public Order

Posted on:2008-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:F ChenFull Text:PDF
GTID:2166360272490417Subject:International law
Abstract/Summary:PDF Full Text Request
As a kind of administrative coercive measure, administrative coercive measures for public order play very important role in safeguarding the community relation and public order. In recent years, there are quite a lot of writings on the administrative coercive measures, as well as disputes. But writings on the administrative coercive measures for public order are few, not to say the systematic, comprehensive and further ones. Although some works touch upon this issue, they are just in generalities. Some related articles only aim at the specific administrative coercive measures for public order (mostly on the subject of detention for interrogation), and are not able to analyze them comprehensively and systematically.It is no doubt that the Public Security Organ (PSO) and policemen, as the main body of public order management, should be authorized to take the administrative coercive measures for public order according to the situation. So the coercive measures are used widely during the enforcement of administrative law for public order. It is obvious that the administrative coercive measures for public order will disturb the related people's personal rights, property rights seriously. Because of the limited theoretic research in this field, the confused legislation as well as some other factors, it is quite often during the enforcement that the administrative coercive measures especially the kind of measures restricting people's personal freedom for a long period are abused and the people's interests are violated.This dissertation analyzes the administrative coercive measures for public order systematically and comprehensively based on the theory of administrative coercion. The first part of this article defines and analyzes the principal issues such as concept, nature, functional value and category of administrative coercive measures for public order to construct the theoretic foundation of the them. The second partdiscusses the two most important issues------principles and procedures ofimplementation of administrative coercive measures for public order. The third part analyzes the most controversial administrative coercive measures respectively. The fourth part discusses the state and problems of legislation and enforcement of administrative coercive measures for public order, and puts forward with the countermeasures.
Keywords/Search Tags:administrative coercive measures for public order, Public Security Organ, Policemen
PDF Full Text Request
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